Zoneomics Logo
search icon

Beachwood City Zoning Code

§ 17-22.5

Administration and Enforcement.

[Ord. #1/6/78, A XX, § 5]
a. 
Administration and enforcement. An Administrative Official designated by the Borough Council shall administer and enforce this subsection of the Development Chapter. He may be provided with the assistance of such other persons as the Council may direct.
If the Administrative Official shall find that any of the provisions of this chapter are being violated, by inspection or examination of the Administrative Official, or his duly authorized assistants, of any building, plans or premises and he shall have the right to enter any building or premises during daylight hours in the course of his duty, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering action necessary to correct it. He shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of additions; alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to insure compliance with or to prevent violation of its provisions. The stated violation shall then be corrected by action of the violating party, and a second inspection and approval shall be accomplished within thirty (30) days.
b. 
Certificates of zoning compliance. For any development application it shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a certificate of zoning compliance shall have been issued therefor by the Administrative Official stating that the proposed use of the building or land conforms to the requirements of this chapter and adequate planning standards.
No permit for erection, alteration, extension, enlargement, movement, or repair of any building shall be issued until a certificate of zoning compliance has been duly issued in accordance with the provisions of this chapter. The certificate of zoning compliance shall be issued by the Administrative Official stating that the proposed use of the building or land conforms to the requirements of this chapter and adequate planning standards. No certificate of zoning compliance shall be issued by the Administrative Official unless the application for the certificate is in conformity with all the provisions of this chapter or has been duly exempted by variance.
Failure to obtain a certificate of zoning compliance shall be a violation of this chapter.
c. 
Expiration of building permit. If the work described in any building permit has not commenced within ninety (90) days from the date of issuance thereof, said permit shall expire, it shall be cancelled by the Administrative Official; and written notice thereof shall be given to the persons affected.
If the work described in any building permit has not been substantially completed within two (2) years of the date of issuance thereof, the permit shall expire and be cancelled by the Administrative Official, and written notice thereof shall be given to the persons affected, together with notice that further work as described in the cancelled permit shall not proceed unless and until a new building permit has been obtained.
d. 
Construction and use to be as provided in applications, plans, permits, and certificates of zoning compliance. Building permits or certificates of zoning compliance issued on the basis of plans and applications approved by the Administrative Official authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Use, arrangement, or construction at variance with that authorized shall be deemed violation of this chapter. If any such permit has been authorized and not lifted from the office of the Administrative Official and executed by the applicant within a period of six (6) months from the date of authorization, then such authorization shall be null and void and no permit shall be issued thereunder.
e. 
Exempted uses. The following uses shall be permitted to be located anywhere in the Municipality and shall be exempt from the provisions of this chapter except as specifically stated in this section:
1. 
Outdoor telephone booths owned and operated by the New Jersey Bell Telephone Company. Erection of the booths shall be subject to the approval of the Administrative Official and the Borough Engineer, as to sites and construction, so that the same shall not constitute traffic and/or safety hazards, such telephone booths shall be kept in a good state of repair and appearance. The erection and maintenance of the booths shall be subject to such regulations as may be prescribed from time to time by the Administrative Official and Borough Engineer in the interest of health, safety and general welfare of the public.
2. 
Normal and customary public utility and service and distribution lines.
3. 
All Municipal uses and utilities.
4. 
Outdoor shelters for school bus children or bus patrons. Erection of such shelters shall be subject to the approval of the Administrative Official and the Borough Engineer, as to sites and construction, so that the same shall not constitute traffic and/or safety hazards, such shelters shall be kept in a good state of repair and appearance. The erection and maintenance of such shelters shall be subject to such regulations as may be prescribed from time to time by the Administrative Official and Borough Engineer in the interest of health, safety and general welfare of the public. Such shelters may not carry any advertising or other commercial display.